Minter v. State

• Decision Date: 19 April 1924
• Docket Number: 4060.
• Citation: 123 S.E. 23,158 Ga. 127
• Parties: MINTER v. STATE.
• Court: Georgia Supreme Court

123 S.E. 23

158 Ga. 127

MINTER v. STATE.

No. 4060.

Supreme Court of Georgia

April 19, 1924

Syllabus by the Court.

The evidence was sufficient to authorize a charge on the law of confessions.

The act of the Legislature creating the county of Coweta (Acts 1826 p. 57) extended the territory of that county eastward to the east bank of (formerly) the principal western branch of Flint river (now) "Line creek," including the whole of the bed of that stream. The venue for trial of crimes committed on the waters of that stream is in Coweta county.

(a) The provisions of Penal Code 1910, § 23, conferring jurisdiction for criminal trials in either of two counties, where the crime was committed on a stream that is the boundary between the counties and the evidence does not clearly disclose in which county the crime was committed, do not apply to the counties of Coweta and Fayette as to crimes committed on Line creek.

(b) While the instruction giving Pen. Code 1910, § 23, in charge to the jury was inapt, as the evidence bearing upon the question of venue demanded the verdict that was rendered, any error in giving the charge is not cause for a reversal.

(c) No ruling will be made on the assignment of error as to constitutionality of section 23 of the Penal Code of 1910.

The judge did not err in omitting to charge the law relating to involuntary manslaughter in the commission of an unlawful act.

The evidence was sufficient to support the verdict, and the judge did not err in refusing a new trial.

Additional Syllabus by Editorial Staff.

A "confession" is a voluntary statement made by a person charged with the commission of a crime, wherein he acknowledges himself to be guilty of the offense charged.

Error from Superior Court, Coweta County; C. E. Roop, Judge.

Grady Minter was convicted of murder, and he brings error. Affirmed.

Grady Minter and his father, J. W. Minter, and others were jointly indicted in Coweta county for the murder of Millard Trouten alleged to have been committed in that county. Grady Minter hereinafter called the defendant, was placed on separate trial and found guilty, the jury recommending him to the mercy of the court. He made a motion for a new trial upon the general grounds, and upon alleged error in the charge of the court on the subjects of venue and confessions, and upon the omission to charge the law of involuntary manslaughter as it related to the killing of a human being in the commission of an unlawful act. The motion for new trial was overruled, and the defendant excepted.

The evidence at the trial, in so far as necessary to be stated, tended to show the following:

Arnold's bridge extended over Line creek on the public road between Senoia, in Coweta county, and Fayetteville, in Fayette county. The bridge had an arch at the center, and was about 90 feet long. The creek was about 60 feet wide at the bridge. The victim was seized at night in the city of Newnan, in Coweta county, and carried in an automobile to the bridge. The automobile stopped in Coweta county, near the end of the bridge, and the victim was taken out. He was then carried to the center of the bridge, and with his legs and hands bound with a rope and his body weighted with a rock tied at the chest was thrown into the creek. It was thought that the victim was heard swimming, and the defendant, with one of his codefendants, went below the bridge on the Fayette side and struck matches to see if "he had sunk," while two other defendants did likewise on the Coweta side. Nothing was seen or heard of him, and the defendants left in the automobile. Several days later the body in a badly decomposed condition was found in the stream about 100 yards below the bridge. The body was lying face downward, with head upstream, the back and shoulders being out of the water, and the face, feet, and hands under the water. After the body was found the defendant was arrested and charged with the murder. After this arrest and charge he made a statement "concerning the death of Millard Trouten." The statement was reduced to writing and signed by the defendant, and was as follows:

"Friday afternoon, August 10th, 1923, we came down here, myself, Jeff and Papa, Will Minter and Floyd Weldon, Leon Goodrum. We came from Atlanta. Stopped at filling station and got some oil and drove on out the road west of town. About dark we drove back of the brick store out from town, and Millard he came on down. And he passed the car and said something and went on up the street. Papa went on up the street after him and caught him by the arm, at least he had him by the arm when I next saw him. I came on out in the road, and Jeff and Papa had him by the arm. We all went on down to the brick store, and got in the car. From that we drove on out that road and turned to the left and went the Smokey road back to town, coming by a school building and went out the old Sharpsburg road to my papa's house. We got some rope and chains. Papa and others got the chains. I stayed in the car. Papa had the chains and rope when they came back. Trouten got out of the car and took a leak. From there we drove on to Line creek. When we got down there Floyd he got out first and walked on across the bridge. Then Papa he got out. Then I got out. Then Jeff he reached over and got Millard, that's Trouten, and they got out. When they got out I caught Millard by the arm. Papa says, 'Lay down, boy; I want to tie you.' He tied his feet and legs. I was holding his hands. Papa tied his hands behind him. And papa and myself picked him up and carried him on the bridge. Then we tied a rock on him when we got on the bridge. Then we threw him in; his hands had gotten loose. He and Floyd went down on the far side, or Fayette side, Jeff and Papa were on this side. Struck matches to see if he sunk. We thought the rock had come loose; sounded like he was swimming. That is the last we knowed of him. We didn't see him any more. Before we threw Trouten in the creek he asked us what we were going to do with him--whether we were going to whip him or kill him. Papa told him that he was going to kill him. Then Trouten said, 'If you will just whip me and turn me loose I leave;' when Papa said, 'Well, boy, I think that you have had plenty of chances. I've told you that I didn't like you, and had rather for you never to come back to my daughter; you know that you have been daring me. You've had your chances, and now I think it is mine.' We stopped on this side of the bridge and took Trouten out. Goodrum went on across the bridge with the car and turned around and came on back on this side. He was gone some time on account of a car being stuck in the mud, and he had to wait until that car got out. When he got back to the bridge we had done thrown Trouten in the creek. We come on back to my brother-in-law's, Claud Washington. Pretty late. We got some oil. The A., B. & A. train was standing at the station when we came through Senoia on the way back from the creek. Claud Washington lives at Turin, at Mr. Drake's. Me and Leon Goodrum got the oil out of Claud's car, from the motor, and put it in our car. Claud drew the oil out of his car, and then me and Leon put it in our car. We came by Sharpsburg and went back to Atlanta. Didn't come back by Newnan. Took some road from Sharpsburg. Turned to the right just in front of a store in Sharpsburg, went one block, and then turned to the left and went on to Atlanta. Two men were with Trouten when he came up the street to where we were, there at the brick store. I make the above statement freely and voluntarily, and to the best of knowledge is true."

Testimony of a deputy sheriff as to other statements was as follows:

"He said he held him and his father tied him and he throwed him overboard, and he didn't have a thing to regret, and he said if it was to do over that he would do it again. He said he struck matches; he said him and Floyd Weldon was on one side of the creek, and his father and Jeff on the other side striking matches to see if he had sunk. * * * He said he was alive when they throwed him in the creek. He said he was tied with a rope and a rock tied to him, and throwed him overboard in the creek. He said his feet was tied together and his hands were tied together, and he said a rock was

tied on his breast. He said him and his father picked him up and throwed him off the bridge in the water. * * * He said all the time he knew they were going to do something to him; he didn't know what they were going to do, but he was going to do his part. He didn't know what were going to do when they stopped down there. He had no idea up to the time they got to the bridge. He said he was going to kill him when he got to the bridge. He told me he had nothing to regret. He said he had mistreated his sister, and he had nothing to regret. He said he had beat her up; that is the substance of it. He said he had beat up his sister, and he had nothing to regret. He never made any more explanation than I told you; he just said he beat up his sister and treated her wrong."

The sheriff testified to similar statements made to him.

In his statement before the jury the defendant said, in part:

"So from there we went on to Line creek. If there was anything said regarding harming the boy, I don't know it. When we got down there Pa and them got out, and this boy he got out also. So Pa he says, 'Lay down, boy; lay down.' He tied a rope around his legs, and he started to shoot him. He says, 'Well, I am going to kill him, boy.' I commenced begging my father not to kill him, because I knew that would get us into trouble if he killed him. I knowed we would get into trouble. Pa was heat up about the way the boy treated my sister. He had beaten her up. He says, 'I am going to end my troubles between him and I.' I

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